Case details

Firefighter claimed department subjected him to racial abuse

SUMMARY

$1015206.93

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Between 1986 through 2001, plaintiff Jabari Jumaane, a black male, worked for the city of Los Angeles as a firefighter and an inspector. He claimed that during that time in the Los Angeles Fire Department, he was subject to racial bias, harassment and retaliation. Jumaane sued the city of Los Angeles and the Los Angeles Fire Department. Jumaane also sued his supervisors at the time, Captain Terry Wortham; Fire Chief William Bamattre; Battalion Chief Alfred Hernandez; Fire Marshall Jimmy Hill; Assistant Chief Michael Fulmis; LAFD investigators Norm Greengard and Michael Rhodes; and chiefs Donald Austin, Roy Kozaki and Scott Miller. All the individual defendants were dismissed by way of summary judgment prior to the first trial. Thus, there were no individual supervisors or employees of the fire department subject to suit at time of trial, and the matter proceeded against the city and the fire department only. The matter was tried in 2007 and the jury rendered a verdict in favor of the defendants. However, the 2007 defense verdict was overturned after an appeals court affirmed the trial court’s decision to grant a new trial, agreeing that there had been jury misconduct in the original case. During the retrial, Jumaane re-alleged that he was subjected to racial slurs, jokes and other abuse, as well as retaliation for speaking out about systemic discrimination, retaliation and racial harassment in the Los Angeles Fire Department. He claimed that his captain, John Vickers, falsified performance evaluations under the direction of his then-battalion chief, Al Hernandez, so that he could be subjected to serious discipline, including suspensions. The city argued that Jumaane’s disciplinary record was warranted and that Jumaane’s allegations of racial harassment were fabricated., Jumaane claimed he suffered emotional distress as a result of his treatment while employed with the fire department and as a result of his termination. He alleged physical conditions resulting from the emotional distress and subsequently sought treatment for it. Thus, Jumaane sought recovery of damages for his emotional distress, and for his loss of past, present and future wages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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